(navigation image)
Home American Libraries | Canadian Libraries | Universal Library | Community Texts | Project Gutenberg | Children's Library | Biodiversity Heritage Library | Additional Collections
Search: Advanced Search
Anonymous User (login or join us)
Upload
See other formats

Full text of "Equity. Jurisdiction. Right to Enjoin a Threatened Criminal Prosecution against a Third Party"

STOP 



Early Journal Content on JSTOR, Free to Anyone in the World 

This article is one of nearly 500,000 scholarly works digitized and made freely available to everyone in 
the world by JSTOR. 

Known as the Early Journal Content, this set of works include research articles, news, letters, and other 
writings published in more than 200 of the oldest leading academic journals. The works date from the 
mid-seventeenth to the early twentieth centuries. 

We encourage people to read and share the Early Journal Content openly and to tell others that this 
resource exists. People may post this content online or redistribute in any way for non-commercial 
purposes. 

Read more about Early Journal Content at http://about.jstor.org/participate-jstor/individuals/early- 
journal-content . 



JSTOR is a digital library of academic journals, books, and primary source objects. JSTOR helps people 
discover, use, and build upon a wide range of content through a powerful research and teaching 
platform, and preserves this content for future generations. JSTOR is part of ITHAKA, a not-for-profit 
organization that also includes Ithaka S+R and Portico. For more information about JSTOR, please 
contact support@jstor.org. 



682 HARVARD LAW REVIEW. 

Commonwealth v. Jones, 10 Bush. (Ky.) 725; Ex parte Lange, 18 Wall. (U. S.) 
163, 168, 169. But cf. Slate v. Jones, 82 N. C. 685. 

Eminent Domain — Compensation — Waterway Constructed by City 
through Railway's Right of Way Necessitating Structural Changes. — 
A city constructed a canal, with walks on either side, through the right of way 
of a railroad, in order to join certain lakes used for recreation purposes by its 
inhabitants. This made it necessary for the railroad to build a bridge. Held, 
that the railroad is entitled to compensation for the value of the land taken 
but not for the cost of building and maintaining the bridge. Chicago, M. &" 
St. P. Ry. Co. v. City of Minneapolis, 34 Sup. Ct. 400. 

For a discussion of the distinction between taking property under the em- 
inent domain power and under the police power, see Notes, p. 664. 

Equity — Jurisdiction — Right to Enjoin a Threatened Criminal 
Prosecution against a Third Party. — A statute forbade the shipment by 
any one, or the receipt for shipment by carriers, of unpasteurized cream to be 
carried more than sixty-five miles. The business of the complainant, a dairy 
company, which depended on the receipt of cream from farmers more than 
sixty-five miles distant, was thereby being ruined because the farmers and rail- 
road company were afraid to ship. Plaintiff, on the ground that the statute was 
unconstitutional, sought to enjoin the railroad from refusing to accept goods 
consigned to him, and also to restrain the Attorney-General from prosecuting 
for breach of the statute. Held, that equity will not enjoin a criminal proceed- 
ing directed against a party other than the petitioner, nor will the railroad 
company be enjoined from refusing to accept goods offered. Milton Dairy Co. 
v. Great Northern Ry. Co., 144 N. W. 764 (Minn.). 

Whether the court should have refused to grant an injunction against the 
railroad is not entirely free from doubt. It is usually held that a railroad can- 
not justify a refusal to serve by pleading an unconstitutional statute. Southern 
Express Co. v. Rose, 124 Ga. 581, 53 S. E. 185. It may be contended therefore 
that the railroad, in signifying its unwillingness to receive shipments, was threat- 
ening torts involving irreparable injury to the plaintiff, and should be enjoined. 
However that may be, the court squarely held that, whether or no the statute 
was constitutional, it would not restrain the Attorney-General from prosecut- 
ing the shippers and the railroad unless the injunction was demanded by the 
persons threatened with prosecution. For a discussion of whether irreparable 
damage to one's business relations gives a right to enjoin the prosecution of 
someone else under an unconstitutional statute, see Notes, p. 668. 

Evidence — General Principles and Rules of Exclusion — Repairs 
after Injury as Proof of Causation and Possibility of Prevention. — 
The defendant operated an irrigation canal across the plaintiff's land. To 
show that his orchard was injured by an enlargement of the canal, and that 
the seepage could have been prevented by cementing the sides, the plaintiff 
offered evidence of subsequent repairs which had stopped the damage. Held, 
that the evidence is admissible. Jensen v. Davis and Weber, etc. Co., 137 Pac. 
635 (Utah). 

It is quite well settled that evidence of subsequent repairs cannot be used 
to show negligence. It is irrelevant, inasmuch as taking precautions for the 
future is not an admission of culpability in the past; and its admission is against 
public policy in that it would deter owners from remedying defects. Aldrich 
v. Concord & M. R. R., 67 N. H. 250, 29 Atl. 408. In the principal case 
the evidence is relevant on both the issues for which it was offered. Proof 
that the damage began and ended with the uncemented condition of the canal 
is convincing both as to causation and as to whether there was a practicable